Didn't they also get caught a couple of times scanning the email despite saying they weren't? I know there was a lawsuit alleging that they scanned the email of many university students after saying they wouldn't [0], which I think was settled for high 3 or low 4 figures per person, although I'm not sure (and wasn't a participant).

[0] http://www.thecrimson.com/article/2016/3/23/alumni-lawsuit-a...